SEC-509 -- FORMULA ALLOCATION OF MODERNIZATION FUNDING.
(a) Formula Allocation to Agencies With 500 or More Units.-
(1) In general.-Section 14(k) of the United States Housing Act of 1937
(42 U.S.C. 1437l(k)) is amended to read as follows:
"(k)(1) From amounts approved in appropriation Acts for grants under
this section for fiscal year 1992 and each fiscal year thereafter, and
to the extent provided by such Acts, the Secretary shall reserve not
more than $75,000,000 (including unused amounts reserved during previous
fiscal years), which shall be available for modernization needs
resulting from natural and other disasters and from emergencies. Amounts
provided for emergencies shall be repaid by public housing agencies from
future allocations of assistance under paragraph (2), where available.
"(2)(A) After determining the amounts to be reserved under paragraphs
(1) and (5)(D)(iv), the Secretary shall allocate the amount remaining
pursuant to a formula contained in a regulation prescribed by the
Secretary, which shall be designed to measure the relative needs of
public housing agencies. The formula shall take into account amounts
previously made available by the Secretary for modernization under this
section and for major reconstruction of obsolete projects, to the extent
determined appropriate by the Secretary.
"(B) The Secretary shall allocate half of the amount allocated under
this paragraph based on the relative backlog needs of public housing
agencies, determined-
"(i) for individual public housing agencies with 500 or more units and
for the aggregate of agencies with fewer than 500 units, where the data
are statistically reliable, on the basis of the most recently available,
statistically reliable data regarding the (I) backlog of needed repairs
and replacements of existing physical systems in public housing
projects, (II) items that must be added to projects to meet the
modernization standards of the Secretary (referred to in subsection
(e)(1)(A)(ii)(I)) and State and local codes, and (III) items that are
necessary or highly desirable for the long-term viability of a project;
or
"(ii) for individual public housing agencies with 500 or more units,
where such data are not statistically reliable, on the basis of
estimates of the categories of backlog specified in clause (i) using the
most recently available data on the backlog, and objectively measurable
data on public housing agency, community, and project characteristics
regarding-
"(I) the average number of bedrooms in the units in a project;
"(II) the proportion of units in a project available for occupancy by
very large families;
"(III) the extent to which units for families are in high-rise
elevator projects;
"(IV) the age of the projects;
"(V) in the case of a large agency, as determined by the Secretary,
the number of units with 2 or more bedrooms;
"(VI) the cost of rehabilitating property in the area;
"(VII) for family projects, the extent of population decline in the
unit of general local government determined on the basis of the 1970 and
1980 censuses; and
"(VIII) any other factors the Secretary determines are appropriate.
The Secretary may not establish or amend any criteria regarding the
backlog needs of public housing agencies under this subparagraph, except
by rule as provided under section 553 of title 5, United States Code.
"(C) The Secretary shall allocate the other half of the amount
allocated under this paragraph based on the relative accrued needs of
public housing agencies for the categories of need specified in
subparagraphs (B)(i) (I) and (II), determined-
"(i) for individual public housing agencies with 500 or more units and
for the aggregate of agencies with fewer than 500 units, where the data
are statistically reliable, on the basis of the needs that are estimated
to have accrued since the date of the last objective measurement of
backlog needs under subparagraph (B); or
"(ii) for individual public housing agencies with 500 or more units,
where the estimates under clause (i) are not statistically reliable, on
the basis of estimates of accrued need using the most recently available
data on the backlog, and objectively measurable data on public housing
agency, community, and project characteristics regarding-
"(I) the average number of bedrooms of the units in a project;
"(II) the proportion of units in a project available for occupancy by
very large families;
"(III) the age of the projects;
"(IV) the extent to which the buildings in projects of an agency
average fewer than 5 units;
"(V) the cost of rehabilitating property in the area;
"(VI) the total number of units of each agency that owns or operates
500 or more units; and
"(VII) any other factors the Secretary determines are appropriate.
The Secretary may not establish or amend any criteria regarding the
accrual needs of public housing agencies under this subparagraph, except
by rule as provided under section 553 of title 5, United States Code.
"(D)(i) In determining how many units an agency owns or operates and
the relative modernization needs of agencies, the Secretary shall count
each existing unit under the annual contributions contract, except that
an existing unit under the turnkey III and the mutual help programs may
be counted as less than one unit, to take into account the
responsibility of families for the costs of certain maintenance and
repair. For purposes of this section, an agency that qualifies to
receive a formula grant under paragraph (4) may elect to continue to
qualify to receive a formula grant if it owns or operates at least 400
public housing units.
"(ii) Where an existing unit under a contract is demolished or
disposed of, the Secretary shall not adjust the amount the agency
receives under the formula unless more than one percent of the units are
affected on a cumulative basis. Where more than one percent of the units
are demolished or disposed of, the Secretary shall reduce the formula
amount for the agency over a 3-year period to reflect removal of the
units from the contract.
"(iii) The Secretary shall determine whether the data under
subparagraphs (B) and (C) are statistically reliable.
"(3) The amount determined under the formula for agencies with fewer
than 500 units shall be allocated in accordance with subsection (d).
"(4) The amount determined under the formula for each agency that owns
or operates 500 or more units shall be allocated to each qualifying
agency in accordance with subsection (e).
"(5)(A) With respect to any agency that is designated as a troubled
agency with respect to the program under this section upon the initial
designation of such troubled agencies under section 6(j)(2)(A)(i), the
Secretary shall limit the total amount of funding under this section for
the agency for fiscal year 1992 and any fiscal year thereafter, if the
agency remains designated as a troubled agency, to the sum of-
"(i) the average of the amount that the troubled agency received for
modernization activities under this section and for major reconstruction
of obsolete projects for each of fiscal years 1989, 1990, and 1991,
which average shall be adjusted to take into account changes in the cost
of rehabilitating property; plus
"(ii) 25 percent of the difference between the amount determined under
clause (i) and the amount that would be allocated to the agency in such
fiscal year if the agency were not designated as a troubled agency.
"(B) In any fiscal year the Secretary may, pursuant to the request of
a troubled agency, increase the amount allocated to the agency under
subparagraph (A) to an amount not exceeding the amount that would be
allocated to the agency in such fiscal year if the agency were not a
troubled agency. An increase under this subparagraph shall be based on
the agency's progress toward meeting the performance indicators under
section 6(j)(1). The Secretary shall render a decision in writing on
each such request not later than 75 days after receipt of the request
and any necessary supporting documentation.
"(C) For any fiscal year, any amounts that would have been allocated
to an agency under the formula under paragraph (2) that are not
allocated to the agency because the agency receives the amount provided
under subparagraph (A) of this paragraph, shall be allocated in such
year pursuant to the formula to other agencies with 500 or more units.
"(D) The Secretary shall carry out a credit system under this
subparagraph to provide agencies that receive allocations under
subparagraph (A) with additional assistance under this section after the
agency is determined not to be a troubled agency, to compensate for
amounts not received because of the troubled agency designation. The
credit system shall be subject to the following requirements:
"(i) Any agency that receives assistance pursuant to subparagraph (A)
for any fiscal year shall receive credits for the difference between the
amount that the agency would have been allocated in such year if it were
not designated a troubled agency and the amount allocated for the agency
for such year under subparagraph (A).
"(ii) An agency may not receive credits under this subparagraph for
more than 3 consecutive fiscal years.
"(iii) After a 3-year period during which an agency has accrued
credits, the credits accrued by the agency shall be-
"(I) decreased by 10 percent of the total credits accumulated if the
designation as a troubled agency is not removed before the conclusion
of the first fiscal year after such 3-year period of accrual of credits;
"(II) decreased by an additional 20 percent of the original total
accumulated credits if the designation as a troubled agency is not
removed before the conclusion of the second fiscal year after such
3-year accrual period;
"(III) decreased by an additional 30 percent of the original total
accumulated credits if the designation as a troubled agency is not
removed before the conclusion of the third fiscal year after such 3-year
accrual period; and
"(IV) eliminated if the designation as a troubled agency is not
removed before the conclusion of the fourth fiscal year after such
3-year accrual period.
"(iv) After a determination by the Secretary that an agency is not a
troubled agency, the Secretary shall provide the agency with amounts
made available under this clause in accordance with the amount of
credits accumulated by the agency (subject to the reductions under
clause (iii)). Such amounts shall be provided in addition to the amounts
allocated to the agency pursuant to the formula under paragraph (2). In
each fiscal year, the Secretary shall reserve from amounts available for
allocation under paragraph (2)(A) the amount necessary to provide
assistance pursuant to such credits, except that the reserved amount may
not exceed 5 percent of the total amount available for allocation under
such paragraph.
"(v) In making payments for accrued credits in accordance with clause
(iv), the Secretary may take into account the ability of the agency to
expeditiously expend amounts received for credits.
"(E) The Secretary shall, by regulation, establish special rules for
limiting the amount of assistance provided under this section to
agencies that become troubled after the date of the initial designation
of troubled agencies under section 6(j)(2)(A)(i). The rules may provide
for a credit system based on the system established under this
paragraph.
"(6) Any amounts (A) allocated under paragraph (4) that become
available for reallocation because an agency does not qualify to receive
all or a part of its formula allocation due to failure to comply with
the requirements of this section (other than because of designation as
a troubled agency), and (B) recaptured by the Secretary for good cause,
shall (subject to approval in appropriations Acts) be reallocated by the
Secretary in the next fiscal year to other housing agencies that own or
operate 500 or more units, based on their relative needs. The relative
needs of agencies shall be measured by the formula established pursuant
to paragraph (2)(A).
"(7) A public housing agency may appeal the amount of its allocation
determined under the formula on the basis of unique circumstances or on
the basis that the objectively measurable data regarding the agency,
community, and project characteristics used for determining the formula
amount were not correct.
"(8) Amounts allocated to a public housing agency under paragraph (3)
or (4) may be used for any eligible activity in accordance with this
section, notwithstanding that the allocation amount is determined by
allocating half based on relative backlog needs and half based on
relative accrued needs of agencies.".
(2) Conforming amendments.-Section 14 of the United States Housing Act
of 1937 (42 U.S.C. 1437l) is amended-
(A) in subsection (e)(3)(A), by striking the second sentence; and
(B) in subsection (h)-
(i) in the matter preceding paragraph (1), by inserting after
"subsection (b)" the following: "to a public housing agency that owns
or operates fewer than 500 public housing dwelling units"; and
(ii) in paragraph (2), by striking "or (e)".
(b) Removal of Certain Requirements for Agencies With Fewer Than 500
Units.-Section 14(d)(4) of the United States Housing Act of 1937 (42
U.S.C. 1437l(d)(4)) is amended-
(1) by inserting "and" at the end of subparagraph (A);
(2) by striking the semicolon at the end of subparagraph (B) and
inserting a period; and
(3) by striking subparagraphs (C), (D), and (E).
(c) Limitation of Special Purpose Modernization to Agencies With Fewer
Than 500 Units.-Section 14 of the United States Housing Act of 1937 (42
U.S.C. 1437l) is amended-
(1) in subsection (f)(2)(B), by striking "and to meet special purpose
needs described in section 14(i)(1)(D)"; and
(2) in the first sentence of subsection (i)(1), by striking "In
addition" and all that follows through the third comma and inserting
the following: "In addition to assistance made available under
subsection (b) to a public housing agency that owns or operates fewer
than 500 public housing dwelling units, the Secretary may, without
regard to the requirements of subsection (c), (d), (f), (g), or (h),".
(d) Special Purpose Management Modernization for Agencies With Fewer
Than 500 Units.-Section 14(i)(1) of the United States Housing Act of
1937 (42 U.S.C. 1437l(i)(1)) is amended-
(1) in subparagraph (C), by striking "or" at the end;
(2) in subparagraph (D)(ii), by striking the period at the end and
inserting "; or"; and
(3) by adding at the end the following new subparagraph:
"(E) management improvement needs which (i) would not otherwise be
eligible for assistance under this section, and (ii) pertain to any
low-income housing project other than a project assisted under section
8.".
(e) Establishment of 250-Unit Threshold Beginning in Fiscal Year 1993.-
(1) In general.-Effective October 1, 1992, section 14 of the United
States Housing Act of 1937 (42 U.S.C. 1437l), as amended by this
section, is further amended by striking "500" and inserting "250"
in each of the following places:
(A) The first sentence of subsection (d).
(B) In subsection (e), the first sentence of each of paragraphs (1),
(3)(A), (4)(A) and (4)(C).
(C) Subsections (f)(1) and (f)(2).
(D) Subsection (h).
(E) The first sentence of subsection (i)(1).
(F) In subsection (k), in paragraphs (2)(B)(i), (2)(B)(ii), (2)(C)(i),
(2)(C)(ii), (3), (4), (5)(B), and (6).
(G) Subsection (l)(2).
(2) Exception.-Effective October 1, 1992, section 14(k)(2)(D)(i) of the
United States Housing Act of 1937 (42 U.S.C. 1437l(k)(2)(D)(i)) , as
amended by this section, is further amended by striking "400" and
inserting "200".
(f) Transition.-Section 14 of the United States Housing Act of 1937 (42
U.S.C. 1437l), as amended by the preceding provisions of this Act, is
further amended by adding at the end the following new subsection:
"(o) Any amount that the Secretary has obligated to a public housing
agency under this section other than pursuant to the program established
under subsection (e), shall be used for the purposes for which such
amount was provided, or for purposes consistent with an action plan
submitted by the agency under subsection (e) and approved by the
Secretary, as the agency determines to be appropriate.".
(g) Section Heading.-The section heading of section 14 of the United
States Housing Act of 1937 (42 U.S.C. 1437l) is amended to read as
follows:
"public and indian housing modernization".
(h) Regulations.-
(1) In general.-The Secretary of Housing and Urban Development shall
implement the amendments made by this section by rule under section 553
of title 5, United States Code. The Secretary shall consult with the
Congress, public housing agencies, and professional organizations
representing public housing agencies before publishing a proposed rule
pursuant to such section. The proposed rule shall be published not later
than the expiration of the 120-day period beginning on the date of the
enactment of this Act.
(2) Allocation formula.-The Secretary of Housing and Urban Development
shall establish the allocation formula under section 14(k)(2)(A) of the
United States Housing Act of 1937, as amended by subsection (a) of this
section, by rule under section 553 of title 5, United States Code. In
publishing a proposed rule regarding the formula pursuant to such
section 553, the Secretary shall describe-
(A) the analytic basis for the formula;
(B) the weight assigned to the various criteria contained in the
formula pursuant to such section 14(k)(2);
(C) deductions from the formula share for amounts received for
modernization activities under section 14 and major reconstruction of
obsolete projects; and
(D) any other information the Secretary determines is appropriate.
(3) Alternative formulas.-When publishing the proposed rule required
under paragraph (2), the Secretary of Housing and Urban Development may,
at the discretion of the Secretary, publish alternative formulas,
identifying the weights assigned to the various criteria under the
formulas, and explaining the differences in operation and objectives of
the alternative formulas.
(i) Reports to Congress.-
(1) Independent evaluation-The Secretary of Housing and Urban
Development shall enter into a contract providing for the independent
evaluation of the modernization program authorized under section 14 of
the United States Housing Act of 1937, as amended by this section, and
shall submit to the Congress a report on the results of the evaluation
within 3 years after the initial allocation of assistance by formula
under such section 14.
(2) Modifications.-The Secretary shall submit a report to Congress,
within 2 years after the date of enactment of this Act, recommending any
changes to such section 14 that the Secretary determines are appropriate
to take into account the relative needs of public housing agencies for
assistance to carry out lead-based paint testing and abatement
activities. The Secretary shall not adopt any changes to the formula for
this purpose except by law.